5Recipient of payment under section 4

5 Recipient of payment under section 4

(1) An amount payable under section 4 on the retirement of a Judge is payable to the Judge. (2) An amount payable under section 4 on the death of a Judge is payable to: (a) where the Judge leaves a surviving spouse or de facto partner—that surviving spouse or de facto partner; (b) where the Judge does not leave a surviving spouse or de facto partner but leaves a dependant or dependants—that dependant or those dependants; or (c) in any other case—the legal personal representative of the Judge. (2A) If an amount is payable under paragraph (2)(a) and the Judge leaves more than one surviving spouse or de facto partner, the Attorney‑General may give a direction as to the distribution of the amount between or among them. (3) Where an amount is payable under paragraph (2)(b) to the dependants of a Judge, the Attorney‑General may give a direction as to the distribution of the amount between or among those dependants. (4) Where an amount is payable under this section to a person who is under a legal disability, the Attorney‑General may, instead of authorizing payment of the amount to the person, authorize payment of the amount to such trustee or trustees as the Attorney‑General appoints to be held by that trustee or those trustees upon such trusts for the benefit of the person as the Attorney‑General directs. (5) In this section:

surviving spouse or de facto partner of a Judge who has died means a person who was the spouse or de facto partner (within the meaning of the Acts Interpretation Act 1901) of the Judge immediately before he or she died.